10/2/1990 - Laserfiche WebLink

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Page two Jungle Trail The Jungle Trail area was an undeveloped pristine area of the North Barrier Island ten years ago, but is now sixty percent developed with condominium and single family dwellings. This. habitation has infringed upon the scenic quality of the Trail, and has resulted in increased traffic within the area. The above description leads staff to the opinion that Jungle Trail presently functions as both a transpor- tation corridor and a passive/active recreation corridor. This dual function is important to many residents of the county, and to designate the Trail 'solely as a "Roadway" or uniquely as a "Park" could have adverse effects on certain residents who either depend on the. Trail as their only source of property access or enjoy the passive/active recreation that the corridor provides. 2. Owner of Buffer Area - Florida Statute Chapter 95.361 states that the county can file a maintenance map to claim dedication of a roadway if the county has constructed and maintained the roadway continuously and uninterruptedly for four years. "The road shall be deemed to be dedicated to the public to the extent in width that has been actually maintained for the :prescribed period." This language indicates that the natural.buffer areas along Jungle Trail are not county owned, and would restrict the county to widen the roadway for parking or drainage improvements. If the Trail were designated as a "Park", the limits of the Park would only be the roadway itself and not the buffer area nor (in most cases) the Indian River shoreline. For this reason, the sole designation as a "Park" does not seem appropriate, as the General Public has been attracted to the Indian River shoreline as a means of Active Recreation (fishing, boating, etc.) and not to the roadway itself. 3. Private Property Owner Usage/Public Usage - Since the buffer area east of Jungle Trail and the Indian River shoreline west of the Trail is the subject of private property rights (for example Sea Oaks Boat Docks, etc.), designation of the Trail as a "Park" may result in certain parcels no longer having "road" frontage, but legal access would be through a park. An alternative is to leave Jungle Trail as a "Scenic Road" under Chapter 18 Article II Section 18-21 through 18-27 of the county's Code. Section 18-26 of this Chapter states that "The Public -Works Division of Indian River County, the Parks Department and the Community Development Division shall implement guidelines for maintenance of the scenic and historic roads....". Recognition of Jungle Trail as a joint road/park function has already been recognized in the County Code, as well as an environmental resource. under the guidance of the Community Development Division Environmental Planner. 50